Opinion
No. C-09-3985 RMW.
April 15, 2010
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT FOR LACK OF JURISDICTION [Re Docket No. 34]
Defendant moves to dismiss the second amended complaint for lack of jurisdiction. Plaintiff does not oppose dismissal on this ground. In view of plaintiff's acquiescence, the court finds that there is no need for a hearing or oral argument on the motion and the motion may be decided on the papers submitted. Accordingly, the April 23, 2010 hearing date is vacated and plaintiff's motion to appear by telephone at the hearing is denied as moot. For good cause appearing, defendants' motion to dismiss for lack of jurisdiction is granted. The dismissal is without prejudice.